The Criminal Procedure (Amendment No. 2) Rules 2023

1. Introductory Text

2. 1. Citation, commencement and interpretation

3. 2. In these Rules a reference to a Part or rule...

4. 3. Amendments to the Criminal Procedure Rules

5. 4. In Part 3 (Case management)— (a) in rule 3.2 (The...

6. 5. In Part 5 (Forms and court records)—

7. 6. In Part 7 (Starting a prosecution in a magistrates’ court)—...

8. 7. In Part 9 (Allocation and sending for trial)—

9. 8. In Part 14 (Bail and custody time limits)—

10. 9. In Part 18 (Measures to help a witness or defendant...

11. 10. In Part 24 (Trial and sentence in a magistrates’ court)—...

12. 11. In Part 28 (Sentencing procedures in special cases and on...

13. 12. In Part 30 (Enforcement of fines and other orders for...

14. 13. In Part 31 (Behaviour orders)— (a) in rule 31.1 (When...

15. 14. In Part 35 (Appeal to the High Court by case...

16. 15. In Part 37 (Appeal to the Court of Appeal against...

17. 16. In Part 38 (Appeal to the Court of Appeal against...

18. 17. In Part 39 (Appeal to the Court of Appeal about...

19. 18. In Part 41 (Reference to the Court of Appeal of...

20. 19. In Part 44 (Reopening a case in a magistrates’ court)—...

21. 20. In Part 46 (Representatives)— (a) for rule 46.3 (Application to...

22. 21. In Part 47 (Investigation orders and warrants)—

23. 22. In Part 48 (Contempt of court)— (a) in rule 48.8...

24. 23. Amendments to references to forms in the Criminal Procedure Rules

25. 24. Amendment to the preamble to the Criminal Procedure Rules

26. Signature

27. 1. SCHEDULE

       1. 1. In rule 7.2 (Application for summons, etc.), in the note...

       2. 2. In rule 10.2 (The indictment: general rules), in paragraph (6)(a)...

       3. 3. In rule 14.6 (Reconsideration of police bail by magistrates’ court),...

       4. 4. In rule 14.7 (Notice of application to consider bail)—

       5. 5. In rule 14.8 (Defendant’s application or appeal to the Crown...

       6. 6. In rule 14.19 (Application to authorise extension of pre-charge bail),...

       7. 7. In rule 15.4 (Defence disclosure), in the note to the...

       8. 8. In rule 15.5 (Defendant’s application for prosecution disclosure), in the...

       9. 9. In rule 15.9 (Court’s power to vary requirements under this...

       10. 10. In rule 16.2 (Content of written witness statement) omit the...

       11. 11. In rule 16.4 (Written witness statement in evidence), in the...

       12. 12. In rule 17.4 (Written application: form and service), in paragraph...

       13. 13. In rule 18.4 (Making an application for a direction or...

       14. 14. In rule 18.6 (Court’s power to vary requirements under this...

       15. 15. In rule 18.10 (Content of application for a special measures...

       16. 16. In rule 19.3 (Introduction of expert evidence), in the note...

       17. 17. In rule 20.2 (Notice to introduce hearsay evidence), in the...

       18. 18. In rule 20.5 (Court’s power to vary requirements under this...

       19. 19. In rule 21.2 (Content of application or notice), in the...

       20. 20. In rule 21.3 (Application to introduce evidence of a non-defendant’s...

       21. 21. In rule 21.4 (Notice to introduce evidence of a defendant’s...

       22. 22. In rule 21.6 (Court’s power to vary requirements under this...

       23. 23. In rule 23.4 (Application to prohibit cross-examination) omit the note...

       24. 24. In rule 23.8 (Court’s power to vary requirements), in paragraph...

       25. 25. In rule 24.8 (Written guilty plea: special rules), in the...

       26. 26. In rule 24.9 (Single justice procedure: special rules), in the...

       27. 27. In rule 26.3 (Provision of information for jurors), in the...

       28. 28. In rule 27.2 (Application for certificate), in paragraph (4)(b) for...

       29. 29. In rule 31.3 (Application for behaviour order and notice of...

       30. 30. In rule 34.3 (Form of appeal and respondent’s notices), in...

       31. 31. In rule 34.9 (Abandoning an appeal), in the note to...

       32. 32. In rule 34.10 (Court’s power to vary requirements under this...

       33. 33. In rule 35.2 (Application to state a case), in the...

       34. 34. In rule 36.5 (Renewing an application refused by a judge...

       35. 35. In rule 36.13 (Abandoning an appeal), in paragraph (3) for...

       36. 36. In rule 37.3 (Form of appeal notice), in paragraph (1)...

       37. 37. In rule 37.5 (Respondent’s notice), in paragraph (4) for “set...

       38. 38. In rule 38.4 (Form of appeal notice), in paragraph (1)...

       39. 39. In rule 38.7 (Respondent’s notice), in paragraph (4) for “set...

       40. 40. In rule 39.3 (Form of appeal notice), in the note...

       41. 41. In rule 39.6 (Respondent’s notice), in paragraph (5) for “set...

       42. 42. In rule 39.8 (Application for bail, or to suspend a...

       43. 43. In rule 39.9 (Conditions of bail pending appeal or retrial),...

       44. 44. In rule 40.3 (Form of appeal notice), in paragraph (1)...

       45. 45. In rule 40.6 (Respondent’s notice on appeal against reporting restriction),...

       46. 46. In rule 42.10 (Appeal to the Supreme Court), in paragraph...

       47. 47. In rule 42.11 (Notice of appeal), in each of paragraphs...

       48. 48. In rule 42.12 (Respondent’s notice), in paragraph (2) for “set...

       49. 49. In rule 42.15 (Notice of appeal), in each of paragraphs...

       50. 50. In rule 42.16 (Respondent’s notice), in paragraph (4) for “set...

       51. 51. In rule 43.2 (Application for permission or reference), in paragraph...

       52. 52. In rule 44.2 (Statutory declaration of ignorance of proceedings), in...

       53. 53. In rule 45.3 (Court’s power to vary requirements), in paragraph...

       54. 54. In rule 45.8 (Costs resulting from unnecessary or improper act,...

       55. 55. In rule 45.9 (Costs against a legal representative), in the...

       56. 56. In rule 45.10 (Costs against a third party), in the...

       57. 57. In rule 45.12 (Appeal to a costs judge) omit the...

       58. 58. In rule 47.10 (Application for a production order under the...

       59. 59. In rule 47.12 (Content of application for a production etc....

       60. 60. In rule 47.13 (Content of application for a disclosure order...

       61. 61. In rule 47.14 (Content of application for an explanation order...

       62. 62. In rule 47.15 (Content of application for a customer information...

       63. 63. In rule 47.16 (Content of application for an account monitoring...

       64. 64. In rule 47.18 (Content of application for a production order...

       65. 65. In rule 47.20 (Content of application for a disclosure order...

       66. 66. In rule 47.21 (Content of application for a customer information...

       67. 67. In rule 47.22 (Content of application for an account monitoring...

       68. 68. In rule 47.28 (Application for warrant under section 8 of...

       69. 69. In rule 47.29 (Application for warrant under section 2 of...

       70. 70. In rule 47.30 (Application for warrant under paragraph 12 of...

       71. 71. In rule 47.31 (Application for warrant under paragraph 11 of...

       72. 72. In rule 47.32 (Application for warrant under section 352 of...

       73. 73. In rule 47.34 (Application for warrant under any other power),...

       74. 74. In rule 47.61 (Application for extension of moratorium period), in...

       75. 75. In rule 47.65 (Application for order), in the note to...

       76. 76. In rule 47.66 (Application to vary or revoke an order),...

       77. 77. In rule 48.9 (Initial procedure on failure to comply with...

       78. 78. In rule 50.3 (Exercise of magistrates’ court’s powers), in paragraph...

       79. 79. In rule 50.17 (Exercise of the High Court’s powers), in...

       80. 80. In rule 50.20 (Form of appeal notice) omit the note...

28. Explanatory Note